Ghanaian law authorizing hemp cultivation declared unconstitutional

In a 5-4 majority decision, the Supreme Court upheld the law allowing hemp to be grown in Ghana, in 2020, had been unconstitutionally adopted by Parliament.

In July 2022, the Ghanaian court annulled Article 43 of Law 1019 on the Narcotics Control Commission.

This provision stipulated that «the Minister, on the recommendation of the Commission, may grant a license for the cultivation of cannabis commonly known as «wee» in Ghana, with a THC content not exceeding 0.3 % by dry weight, for industrial purposes to obtain fiber or seeds for medicinal purposes».

The nine-judge panel led by Justice Jones Victor Dotse ruled by a majority that the Attorney General had not met the threshold required to reconsider the Supreme Court's earlier decision. The majority concluded that the initial reversal was correct.

Despite the Supreme Court's decision, the Attorney General has filed an application for review, alleging a denial of justice and a lack of transparency in Parliament during the drafting of the cannabis licensing law. They point out that there was no debate in parliament, as required by the constitution, before the law was passed.

The public prosecutor therefore filed a petition for review.

It now remains to be seen how the Supreme Court will respond to the Attorney General's petition for review, as the debate over the legality of cannabis licenses continues.

In December 2020, Ghana was due to host its first-ever cannabis conference, which ultimately didn't take place.